MEDIDAS EN CASO DE DISCRIMINACIÓN POR RAZÓN DE SEXO EN LA CONTRATACIÓN PRIVADA (DERECHO EUROPEO Y DERECHO ESPAÑOL).

Abstract

This paper analyses the measures available to the party discriminated against in the event of violation of the principle of equal treatment in private contracts, starting with articles 10 and 72.1 of Organic Act 3/2007 of 22 March for the effective equality of women and men. From the study conducted it is concluded that Spanish legislators could but have failed to establish a finished legal system of such measures, and so interpreters are forced to «assemble» such a legal system from the general measures of defence that legislation makes available. In this direction, the article refers to negative precautionary measures, claims aimed at cessation of the discriminatory behaviour, reparations for damages and possible publication of sentences finding an individual or legal person guilty of discrimination. The paper also spends some time on the penalty of nullity in case of discrimination on the grounds of sex in private contracts. For both the study of the discriminated party's defensive measures and nullity, stress has been laid on two particular legal situations: the making of the contract, with special emphasis on refusal to enter into the contract, and the setting of the terms of the contract, with reference to those clauses that may cause discrimination.